Appeals Court – Unpublished

Where a judge dismissed a plaintiff’s complaint against her defendant employer, the judgment must be vacated because the judge erred in considering information obtained from a proceeding involving the plaintiff’s application for unemployment benefits. “… The plaintiff worked for Family ...

Where the plaintiff Jewish cemetery association’s proposed grading and earth removal action realistically constitutes work necessary and incidental to the expansion of the existing cemetery, and not a new use of a nonreligious character, the proposal is exempt from the ...

Where a plaintiff was classified as a level three sex offender, the case must be remanded based on the hearing examiner’s abuse of discretion in denying expert funds. “In [plaintiff John] Doe’s first motion for reconsideration, Doe asserted that he ...

Where a defendant attorney was awarded counsel fees, the award was proper given the frivolousness of the plaintiff’s claims. “Briefly, the plaintiff, O’Brien Homes, Inc. (O’Brien), contracted to purchase certain property from John and Judith Aro for development purposes and ...

Where plaintiffs who purchased real property in 1999 brought suit more than 12 years later alleging that the defendant had misrepresented in the purchase and sale agreement the size of the buildable lot that was purchased by the plaintiffs, the ...

Where the defendant asserts that he would not have pleaded guilty to drug and firearm offenses if he had known that deportation was mandatory, the matter must be remanded so that the judge may make findings as to both ineffective ...

Where a plaintiff brought a legal malpractice action against the defendant attorney and codefendant law firm that represented him in a suit against his former wife, the defendants were correctly awarded summary judgment based on the plaintiff’s failure to identify ...

Where it is unclear whether the judge imposed mandatory GPS monitoring on the defendant as part of his probation because he incorrectly believed it was mandatory, the matter must be remanded for reconsideration. “Subjecting a defendant to mandatory GPS monitoring ...

The Appeals Court has affirmed, pursuant to Rule 1:28, judgments in the following cases. Although the decisions do not appear to address any substantive issues of law, the full text of each decision may be ordered using the appropriate “Lawyers ...

Where a restaurant employee was fired for committing misconduct, he was not eligible for unemployment benefits. “The plaintiff, Mamadou Ndiaye, worked as a server at the Brasserie Jo restaurant in Boston. … “… On August 29, 2011, Ndiaye was serving ...